[108th Congress Public Law 170]
[From the U.S. Government Printing Office]
[DOCID: f:publ170.108]
[[Page 2041]]
VETERANS HEALTH CARE, CAPITAL ASSET, AND BUSINESS IMPROVEMENT ACT OF
2003
[[Page 117 STAT. 2042]]
Public Law 108-170
108th Congress
An Act
To amend title 38, United States Code, to improve and enhance provision
of health care for veterans, to authorize major construction projects
and other facilities matters for the Department of Veterans
Affairs, to enhance and improve authorities relating to the administration of personnel of the Department of Veterans Affairs, and for other purposes.
<<NOTE: Dec. 6, 2003 - [S. 1156]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Veterans Health Care,
Capital Asset, and Business Improvement Act of 2003.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 38 USC 101 note.>> Act may be cited
as the ``Veterans Health Care, Capital Asset, and Business Improvement
Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--HEALTH CARE AUTHORITIES AND RELATED MATTERS
Sec. 101. Improved benefits for former prisoners of war.
Sec. 102. Provision of health care to veterans who participated in
certain Department of Defense chemical and biological warfare
testing.
Sec. 103. Eligibility for Department of Veterans Affairs health care for
certain Filipino World War II veterans residing in the United
States.
Sec. 104. Enhancement of rehabilitative services.
Sec. 105. Enhanced agreement authority for provision of nursing home
care and adult day health care in contract facilities.
Sec. 106. Five-year extension of period for provision of
noninstitutional extended-care services and required nursing
home care.
Sec. 107. Expansion of Department of Veterans Affairs pilot program on
assisted living for veterans.
Sec. 108. Improvement of program for provision of specialized mental
health services to veterans.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
Sec. 201. Increase in threshold for major medical facility construction
projects.
Sec. 202. Enhancements to enhanced-use lease authority.
Sec. 203. Simplification of annual report on long-range health planning.
Subtitle B--Project Authorizations
Sec. 211. Authorization of major medical facility projects.
Sec. 212. Authorization of major medical facility leases.
Sec. 213. Advance planning authorizations.
Sec. 214. Authorization of appropriations.
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
Sec. 221. Authorization of major construction projects in connection
with Capital Asset Realignment Initiative.
Sec. 222. Advance notification of capital asset realignment actions.
Sec. 223. Sense of Congress and report on access to health care for
veterans in rural areas.
[[Page 117 STAT. 2043]]
Subtitle D--Plans for New Facilities
Sec. 231. Plans for facilities in specified areas.
Sec. 232. Study and report on feasibility of coordination of veterans
health care services in South Carolina with new university
medical center.
Subtitle E--Designation of Facilities
Sec. 241. Designation of Department of Veterans Affairs medical center,
Prescott, Arizona, as the Bob Stump Department of Veterans
Affairs Medical Center.
Sec. 242. Designation of Department of Veterans Affairs health care
facility, Chicago, Illinois, as the Jesse Brown Department of
Veterans Affairs Medical Center.
Sec. 243. Designation of Department of Veterans Affairs medical center,
Houston, Texas, as the Michael E. DeBakey Department of
Veterans Affairs Medical Center.
Sec. 244. Designation of Department of Veterans Affairs medical center,
Salt Lake City, Utah, as the George E. Wahlen Department of
Veterans Affairs Medical Center.
Sec. 245. Designation of Department of Veterans Affairs outpatient
clinic, New London, Connecticut.
Sec. 246. Designation of Department of Veterans Affairs outpatient
clinic, Horsham, Pennsylvania.
TITLE III--PERSONNEL MATTERS
Sec. 301. Modification of certain authorities on appointment and
promotion of personnel in the Veterans Health Administration.
Sec. 302. Appointment of chiropractors in the Veterans Health
Administration.
Sec. 303. Additional pay for Saturday tours of duty for additional
health care workers in the Veterans Health Administration.
Sec. 304. Coverage of employees of Veterans' Canteen Service under
additional employment laws.
TITLE IV--OTHER MATTERS
Sec. 401. Office of Research Oversight in Veterans Health
Administration.
Sec. 402. Enhancement of authorities relating to nonprofit research
corporations.
Sec. 403. Department of Defense participation in Revolving Supply Fund
purchases.
Sec. 404. Five-year extension of housing assistance for homeless
veterans.
Sec. 405. Report date changes.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--HEALTH CARE AUTHORITIES AND RELATED MATTERS
SEC. 101. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.
(a) Outpatient Dental Care for All Former Prisoners of War.--Section
1712(a)(1)(F) is amended by striking ``and who was detained or interned
for a period of not less than 90 days''.
(b) Exemption From Pharmacy Copayment Requirement.--Section
1722A(a)(3) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) to a veteran who is a former prisoner of war; or''.
[[Page 117 STAT. 2044]]
SEC. 102. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN
CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND
BIOLOGICAL WARFARE TESTING.
Section 1710(e) is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
``(E) Subject to paragraphs (2) and (3), a veteran who participated
in a test conducted by the Department of Defense Deseret Test Center as
part of a program for chemical and biological warfare testing from 1962
through 1973 (including the program designated as `Project Shipboard
Hazard and Defense (SHAD)' and related land-based tests) is eligible for
hospital care, medical services, and nursing home care under subsection
(a)(2)(F) for any illness, notwithstanding that there is insufficient
medical evidence to conclude that such illness is attributable to such
testing.'';
(2) in paragraph (2)(B)--
(A) by striking out ``paragraph (1)(C) or (1)(D)''
and inserting ``subparagraph (C), (D), or (E) of
paragraph (1)''; and
(B) by striking ``service described in that
paragraph'' and inserting ``service or testing described
in such subparagraph''; and
(3) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) in the case of care for a veteran described in
paragraph (1)(E), after December 31, 2005.''.
SEC. 103. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE FOR CERTAIN FILIPINO WORLD WAR II
VETERANS RESIDING IN THE UNITED STATES.
The text of section 1734 is amended to read as follows:
``(a) The Secretary shall furnish hospital and nursing home care and
medical services to any individual described in subsection (b) in the
same manner, and subject to the same terms and conditions, as apply to
the furnishing of such care and services to individuals who are veterans
as defined in section 101(2) of this title. Any disability of an
individual described in subsection (b) that is a service-connected
disability for purposes of this subchapter (as provided for under
section 1735(2) of this title) shall be considered to be a service-
connected disability for purposes of furnishing care and services under
the preceding sentence.
``(b) <<NOTE: Applicability.>> Subsection (a) applies to any
individual who is a Commonwealth Army veteran or new Philippine Scout
and who--
``(1) is residing in the United States; and
``(2) is a citizen of the United States or an alien lawfully
admitted to the United States for permanent residence.''.
SEC. 104. ENHANCEMENT OF REHABILITATIVE SERVICES.
(a) Rehabilitative Services Through Medical Care Authority.--Section
1701(8) is amended by striking ``(other than those types of vocational
rehabilitation services provided under chapter 31 of this title)''.
[[Page 117 STAT. 2045]]
(b) Expansion of Authorized Rehabilitative Services.--(1) Section
1718 is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) In providing to a veteran rehabilitative services under this
chapter, the Secretary may furnish the veteran with the following:
``(1) Work skills training and development services.
``(2) Employment support services.
``(3) Job development and placement services.''.
(2) Subsection (c) of such section is amended--
(A) in paragraph (1), by striking ``subsection (b) of this
section'' and inserting ``subsection (b) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsection (b) of this section''
and inserting ``subsection (b) or (d)''; and
(ii) by striking ``paragraph (2) of such
subsection'' and inserting ``subsection (b)(2)''.
SEC. 105. ENHANCED AGREEMENT AUTHORITY FOR PROVISION OF NURSING
HOME CARE AND ADULT DAY HEALTH CARE IN
CONTRACT FACILITIES.
(a) Enhanced Authority.--Subsection (c) of section 1720 is amended--
(1) by designating the existing text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated, the
following new paragraph (1):
``(1)(A) In furnishing nursing home care, adult day health care, or
other extended care services under this section, the Secretary may enter
into agreements for furnishing such care or services with--
``(i) in the case of the medicare program, a provider of
services that has entered into a provider agreement under
section 1866(a) of the Social Security Act (42 U.S.C.
1395cc(a)); and
``(ii) in the case of the medicaid program, a provider
participating under a State plan under title XIX of such Act (42
U.S.C. 1396 et seq.).
``(B) In entering into an agreement under subparagraph (A) with a
provider of services described in clause (i) of that subparagraph or a
provider described in clause (ii) of that subparagraph, the Secretary
may use the procedures available for entering into provider agreements
under section 1866(a) of the Social Security Act.''.
(b) Conforming Amendment.--Subsection (f)(1)(B) of such section is
amended by inserting ``or agreement'' after ``contract'' each place it
appears.
SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF
NONINSTITUTIONAL EXTENDED-CARE SERVICES
AND REQUIRED NURSING HOME CARE.
(a) Noninstitutional Extended Care Services.--Section 1701(10)(A) is
amended by striking ``the date of the enactment of the Veterans
Millennium Health Care and Benefits Act and ending on December 31,
2003,'' and inserting ``November 30, 1999, and ending on December 31,
2008,''.
[[Page 117 STAT. 2046]]
(b) Required Nursing Home Care.--Section 1710A(c) is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2008''.
SEC. 107. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS PILOT
PROGRAM ON ASSISTED LIVING FOR VETERANS.
Section 103(b) of the Veterans Millennium Health Care and Benefits
Act (Public Law 106-117; 113 Stat. 1552; 38 U.S.C. 1710B note) is
amended--
(1) by striking ``Location of Pilot Program.--'' and
inserting ``Locations of Pilot Program.--(1)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to the health care region of the Department
selected for the pilot program under paragraph (1), the Secretary may
also carry out the pilot program in not more than one additional
designated health care region of the Department selected by the
Secretary for purposes of this section.
``(B) <<NOTE: Termination date.>> Notwithstanding subsection (f),
the authority of the Secretary to provide services under the pilot
program in a health care region of the Department selected under
subparagraph (A) shall cease on the date that is three years after the
commencement of the provision of services under the pilot program in the
health care region.''.
SEC. 108. IMPROVEMENT OF PROGRAM FOR PROVISION OF SPECIALIZED
MENTAL HEALTH SERVICES TO VETERANS.
(a) Increase in Funding.--Subsection (c) of section 116 of the
Veterans Millennium Health Care and Benefits Act (Public Law 106-117;
113 Stat. 1559; 38 U.S.C. 1712A note) is amended--
(1) in paragraph (1), by striking ``$15,000,000'' and
inserting ``$25,000,000 in each of fiscal years 2004, 2005, and
2006'';
(2) in paragraph (2), by striking ``$15,000,000'' and
inserting ``$25,000,000''; and
(3) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) For purposes of this paragraph, in fiscal years 2004, 2005,
and 2006, the fiscal year used to determine the baseline amount shall be
fiscal year 2003.''.
(b) Allocation of Funds.--Subsection (d) of that section is
amended--
(1) by striking ``The Secretary'' and inserting ``(1) In
each of fiscal years 2004, 2005, and 2006, the Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) In allocating funds to facilities in a fiscal year under
paragraph (1), the Secretary shall ensure that--
``(A) not less than $10,000,000 is allocated by direct
grants to programs that are identified by the Mental Health
Strategic Health Care Group and the Committee on Care of
Severely Chronically Mentally Ill Veterans;
``(B) not less than $5,000,000 is allocated for programs on
post-traumatic stress disorder; and
``(C) not less than $5,000,000 is allocated for programs on
substance use disorder.
``(3) The Secretary shall provide that the funds to be allocated
under this section during each of fiscal years 2004, 2005, and 2006 are
funds for a special purpose program for which funds
[[Page 117 STAT. 2047]]
are not allocated through the Veterans Equitable Resource Allocation
system.''.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
SEC. 201. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS.
Section 8104(a)(3)(A) is amended by striking ``$4,000,000'' and
inserting ``$7,000,000''.
SEC. 202. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.
(a) Notification of Property To Be Leased.--Section 8163 is
amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``designate a property to be leased
under an enhanced-use lease'' and inserting ``enter into
an enhanced-use lease with respect to certain
property''; and
(B) by striking ``before making the designation''
and inserting ``before entering into the lease'';
(2) in subsection (b), by striking ``of the proposed
designation'' and inserting ``to the congressional veterans'
affairs committees and to the public of the proposed lease'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``designate the property
involved'' and inserting ``enter into an enhanced-
use lease of the property involved''; and
(ii) by striking ``to so designate the
property'' and inserting ``to enter into such
lease'';
(B) in paragraph (2), by striking ``90-day period''
and inserting ``45-day period'';
(C) in paragraph (3)--
(i) by striking ``general description'' in
subparagraph (D) and inserting ``description of
the provisions''; and
(ii) by adding at the end the following new
subparagraph:
``(G) A summary of a cost-benefit analysis of the proposed
lease.''; and
(D) by striking paragraph (4).
(b) Disposition of Leased Property.--Section 8164 is amended--
(1) in subsection (a)--
(A) by striking ``by requesting the Administrator of
General Services to dispose of the property pursuant to
subsection (b)'' in the first sentence; and
(B) by striking the third sentence;
(2) in subsection (b)--
(A) by striking ``Secretary and the Administrator of
General Services jointly determine'' and inserting
``Secretary determines''; and
[[Page 117 STAT. 2048]]
(B) by striking ``Secretary and the Administrator
consider'' and inserting ``Secretary considers''; and
(3) in subsection (c), by striking ``90 days'' and inserting
``45 days''.
(c) Use of Proceeds.--Section 8165 is amended--
(1) in subsection (a)(2), by striking ``and remaining after
any deduction from such funds under the laws referred to in
subsection (c)'';
(2) in subsection (b), by adding at the end the following
new sentence: ``The Secretary may use the proceeds from any
enhanced-use lease to reimburse applicable appropriations of the
Department for any expenses incurred in the development of
additional enhanced-use leases.''; and
(3) by striking subsection (c).
(d) Clerical Amendments.--(1) The heading of section 8163 is amended
to read as follows:
``Sec. 8163. Hearing and notice requirements regarding proposed
leases''.
(2) The item relating to section 8163 in the table of sections at
the beginning of chapter 81 is amended to read as follows:
``8163. Hearing and notice requirements regarding proposed leases.''.
SEC. 203. SIMPLIFICATION OF ANNUAL REPORT ON LONG-RANGE HEALTH
PLANNING.
Section 8107(b) is amended by striking paragraphs (3) and (4).
Subtitle B--Project Authorizations
SEC. 211. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects, with each project to be carried out in an
amount not to exceed the amount specified for that project:
(1) Construction of a long-term care facility in Lebanon,
Pennsylvania, $14,500,000.
(2) Construction of a long-term care facility in Beckley,
West Virginia, $20,000,000.
(3) Construction of a new bed tower to consolidate two
inpatient sites of care in the city of Chicago at the West Side
Division of the Department of Veterans Affairs health care
system in Chicago, Illinois, in an amount not to exceed
$98,500,000.
(4) Seismic corrections to strengthen Medical Center
Building 1 of the Department of Veterans Affairs health care
system in San Diego, California, in an amount not to exceed
$48,600,000.
(5) A project for (A) renovation of all inpatient care wards
at the West Haven, Connecticut, facility of the Department of
Veterans Affairs health system in Connecticut to improve the
environment of care and enhance safety, privacy, and
accessibility, and (B) establishment of a consolidated medical
research facility at that facility, in an amount not to exceed
$50,000,000.
[[Page 117 STAT. 2049]]
(6) Construction of a Department of Veterans Affairs-
Department of the Navy joint venture comprehensive outpatient
medical care facility to be built on the grounds of the
Pensacola Naval Air Station, Pensacola, Florida, in an amount
not to exceed $45,000,000.
SEC. 212. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for medical
facilities as follows:
(1) For an outpatient clinic in Charlotte, North Carolina,
in an amount not to exceed $3,000,000.
(2) For an outpatient clinic extension, Boston,
Massachusetts, in an amount not to exceed $2,879,000.
SEC. 213. ADVANCE PLANNING AUTHORIZATIONS.
The Secretary of Veterans Affairs may carry out advance planning for
a major medical facility project at each of the following locations,
with such planning to be carried out in an amount not to exceed the
amount specified for that location:
(1) Denver, Colorado, in an amount not to exceed
$30,000,000, of which $26,000,000 shall be provided by the
Secretary of Veterans Affairs and $4,000,000 shall be provided
by the Secretary of Defense.
(2) Pittsburgh, Pennsylvania, in an amount not to exceed
$9,000,000.
(3) Las Vegas, Nevada, in an amount not to exceed
$25,000,000.
(4) Columbus, Ohio, in an amount not to exceed $9,000,000.
(5) East Central, Florida, in an amount not to exceed
$17,500,000.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for the
Secretary of Veterans Affairs for fiscal year 2004--
(1) for the Construction, Major Projects, account, a total
of $363,100,000, of which--
(A) $276,600,000 is for the projects authorized in
section 211; and
(B) $86,500,000 is for the advance planning
authorized in section 213; and
(2) for the Medical Care account, $5,879,000 for the leases
authorized in section 212.
(b) Limitation.--The projects authorized in section 211 may only be
carried out using--
(1) funds appropriated for fiscal year 2004 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects, for
a fiscal year before fiscal year 2004 that remain available for
obligation; and
(3) funds appropriated for Construction, Major Projects, for
fiscal year 2004 for a category of activity not specific to a
project.
[[Page 117 STAT. 2050]]
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
SEC. 221. AUTHORIZATION OF MAJOR CONSTRUCTION PROJECTS IN
CONNECTION WITH CAPITAL ASSET REALIGNMENT
INITIATIVE.
(a) Authority To Carry Out Major Construction Projects.--Subject to
subsection (b), the Secretary of Veterans Affairs may carry out major
construction projects as specified in the final report of the Capital
Asset Realignment for Enhanced Services Commission and approved by the
Secretary.
(b) Limitation.--The Secretary may not exercise the authority in
subsection (a) until 45 days after the date of the submittal of the
report required by subsection (c).
(c) Report <<NOTE: Deadline.>> on Proposed Major Construction
Projects.--(1) The Secretary shall submit to the Committees on Veterans'
Affairs and the Committees on Appropriations of the Senate and House of
Representatives not later than February 1, 2004, a report describing the
major construction projects the Secretary proposes to carry out in
connection with the Capital Asset Realignment for Enhanced Services
initiative.
(2) The report shall list each proposed major construction project
in order of priority, with such priority determined in the order as
follows:
(A) The use of the facility to be constructed or altered as
a replacement or enhancement facility necessitated by the loss,
closure, or other divestment of major infrastructure or clinical
space at a Department of Veterans Affairs medical facility
currently in operation, as determined by the Secretary.
(B) The remedy of life and safety code deficiencies,
including seismic, egress, and fire deficiencies at such
facility.
(C) The use of such facility to provide health care services
to a population that is determined under the Capital Asset
Realignment for Enhanced Services initiative to be underserved
or not currently served by such facility.
(D) The renovation or modernization of such facility,
including the provision of barrier-free design, improvement of
building systems and utilities, or enhancement of clinical
support services.
(E) The need for such facility to further an enhanced-use
lease or sharing agreement.
(F) Any other factor that the Secretary considers to be of
importance in providing care to eligible veterans.
(3) In developing the list of projects and according a priority to
each project, the Secretary should consider the importance of allocating
available resources equitably among the geographic service areas of the
Department and take into account recent shifts in populations of
veterans among those geographic service areas.
(d) Sunset.--The Secretary may not enter into a contract to carry
out major construction projects under the authority in subsection (a)
after September 30, 2006.
SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT
ACTIONS.
(a) Requirement for Advance Notification.--If the Secretary of
Veterans Affairs approves a recommendation resulting
[[Page 117 STAT. 2051]]
from the Capital Asset Realignment for Enhanced Services initiative,
then before taking any action resulting from that recommendation that
would result in--
(1) a medical facility closure;
(2) an administrative reorganization described in subsection
(c) of section 510 of title 38, United States Code; or
(3) a medical facility consolidation,
the Secretary shall submit to Congress a written notification of the
intent to take such action.
(b) Limitation.--Upon submitting a notification under subsection
(a), the Secretary may not take any action described in the notification
until the later of--
(1) the end of the 60-day period beginning on the date on
which the notification is received by Congress; or
(2) the end of a period of 30 days of continuous session of
Congress beginning on the date on which the notification is
received by Congress or, if either House of Congress is not in
session on such date, the first day after such date on which
both Houses of Congress are in session.
(c) Continuous Session of Congress.--For the purposes of subsection
(b)--
(1) the continuity of a session of Congress is broken only
by an adjournment of Congress sine die; and
(2) any day on which either House is not in session because
of an adjournment of more than three days to a day certain is
excluded in the computation of any period of time in which
Congress is in continuous session.
(d) Medical Facility Consolidation.--For the purposes of subsection
(a), the term ``medical facility consolidation'' means an action that
closes one or more medical facilities for the purpose of relocating
those activities to another medical facility or facilities within the
same geographic service area.
SEC. 223. SENSE OF CONGRESS AND REPORT ON ACCESS TO HEALTH CARE
FOR VETERANS IN RURAL AREAS.
(a) Sense of Congress.--Recognizing the difficulties that veterans
residing in rural areas encounter in gaining access to health care in
facilities of the Department of Veterans Affairs, it is the sense of
Congress that the Secretary of Veterans Affairs should take steps to
ensure that an appropriate mix of facilities and clinical staff is
available for health care for veterans residing in rural areas.
(b) Report.--Not <<NOTE: Deadline.>> later than 120 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report describing the steps the Secretary is
taking, and intends to take, to improve access to health care for
veterans residing in rural areas.
Subtitle D--Plans for New Facilities
SEC. 231. PLANS FOR FACILITIES IN SPECIFIED AREAS.
(a) Southern New Jersey.--(1) The Secretary of Veterans Affairs
shall develop a plan for meeting the future hospital care needs of
veterans who reside in southern New Jersey.
[[Page 117 STAT. 2052]]
(2) For purposes of paragraph (1), the term ``southern New Jersey''
means the following counties of the State of New Jersey: Ocean,
Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape
May.
(b) Far South Texas.--(1) The Secretary shall develop a plan for
meeting the future hospital care needs of veterans who reside in far
south Texas.
(2) For purposes of paragraph (1), the term ``far south Texas''
means the following counties of the State of Texas: Bee, Calhoun,
Crockett, DeWitt, Dimmit, Goliad, Jackson, Victoria, Webb, Aransas,
Duval, Jim Wells, Kleberg, Nueces, Refugio, San Patricio, Brooks,
Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Zapata.
(c) North Central Washington.--(1) The Secretary shall develop a
plan for meeting the future hospital care needs of veterans who reside
in north central Washington.
(2) For purposes of paragraph (1), the term ``north central
Washington'' means the following counties of the State of Washington:
Chelan, Douglas, Ferry, Grant, Kittitas, and Okanogan.
(d) Pensacola Area.--(1) <<NOTE: Florida. Alabama.>> The Secretary
shall develop a plan for meeting the future hospital care needs of
veterans who reside in the Pensacola area.
(2) For purposes of paragraph (1), the term ``Pensacola area''
means--
(A) the counties of Escambia, Santa Rosa, Okaloosa, Walton,
Holmes, Washington, Bay, Jackson, Calhoun, Liberty, Gulf, and
Franklin of the State of Florida; and
(B) the counties of Covington, Geneva, Houston, and Escambia
of the State of Alabama.
(e) Consideration of Use of Certain Existing Authorities.--In
developing the plans under this section, the Secretary shall, at a
minimum, consider options using the existing authorities of sections
8111 and 8153 of title 38, United States Code, to--
(1) establish a hospital staffed and managed by employees of
the Department, either in private or public facilities,
including Federal facilities; or
(2) <<NOTE: Contracts.>> enter into contracts with existing
Federal facilities, private facilities, and private providers
for that care.
(f) Report.--The <<NOTE: Deadline.>> Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on each plan under this section not later than
April 15, 2004.
SEC. 232. STUDY AND REPORT ON FEASIBILITY OF COORDINATION OF
VETERANS HEALTH CARE SERVICES IN SOUTH
CAROLINA WITH NEW UNIVERSITY MEDICAL
CENTER.
(a) Study Required.--The Secretary of Veterans Affairs shall conduct
a study to examine the feasibility of coordination by the Department of
Veterans Affairs of its needs for inpatient hospital, medical care, and
long-term care services for veterans with the pending construction of a
new university medical center at the Medical University of South
Carolina, Charleston, South Carolina.
(b) Matters To Be Included in Study.--(1) As part of the study under
subsection (a), the Secretary shall consider the following:
(A) Integration with the Medical University of South
Carolina of some or all of the services referred to in
subsection
[[Page 117 STAT. 2053]]
(a) through contribution to the construction of that
university's new medical facility or by becoming a tenant
provider in that new facility.
(B) Construction by the Department of Veterans Affairs of a
new independent inpatient or outpatient facility alongside or
nearby the university's new facility.
(2) In carrying out paragraph (1), the Secretary shall consider the
degree to which the Department and the university medical center would
be able to share expensive technologies and scarce specialty services
that would affect any such plans of the Secretary or the university.
(3) In carrying out the study, the Secretary shall especially
consider the applicability of the authorities under section 8153 of
title 38, United States Code (relating to sharing of health care
resources between the Department and community provider organizations),
to govern future arrangements and relationships between the Department
and the Medical University of South Carolina.
(c) Consultation With Secretary of Defense.--The Secretary of
Veterans Affairs shall consult with the Secretary of Defense in carrying
out the study under this section. Such consultation shall include
consideration of establishing a Department of Veterans Affairs-
Department of Defense joint health-care venture at the site referred to
in subsection (a).
(d) Report.--Not <<NOTE: Deadline.>> later than April 15, 2004, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the results of the
study. The report shall include the Secretary's recommendations with
respect to coordination described in subsection (a), including
recommendations with respect to each of the matters referred to in
subsection (b).
Subtitle E--Designation of Facilities
SEC. 241. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER, PRESCOTT, ARIZONA, AS THE BOB
STUMP DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center located in
Prescott, Arizona, shall after the date of the enactment of this Act be
known and designated as the ``Bob Stump Department of Veterans Affairs
Medical Center''. Any reference to such medical center in any law,
regulation, map, document, or other paper of the United States shall be
considered to be a reference to the Bob Stump Department of Veterans
Affairs Medical Center.
SEC. 242. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE FACILITY, CHICAGO, ILLINOIS, AS THE
JESSE BROWN DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs health care facility located at
820 South Damen Avenue in Chicago, Illinois, shall after the date of the
enactment of this Act be known and designated as the ``Jesse Brown
Department of Veterans Affairs Medical Center''. Any reference to such
facility in any law, regulation, map, document, record, or other paper
of the United States shall be considered
[[Page 117 STAT. 2054]]
to be a reference to the Jesse Brown Department of Veterans Affairs
Medical Center.
SEC. 243. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER, HOUSTON, TEXAS, AS THE MICHAEL E.
DEBAKEY DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in Houston, Texas,
shall after the date of the enactment of this Act be known and
designated as the ``Michael E. DeBakey Department of Veterans Affairs
Medical Center''. Any reference to such facility in any law, regulation,
map, document, record, or other paper of the United States shall be
considered to be a reference to the Michael E. DeBakey Department of
Veterans Affairs Medical Center.
SEC. 244. <<NOTE: 25 USC 1680f and note.>> DESIGNATION OF
DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER, SALT LAKE CITY, UTAH, AS THE
GEORGE E. WAHLEN DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in Salt Lake City,
Utah, shall after the date of the enactment of this Act be known and
designated as the ``George E. Wahlen Department of Veterans Affairs
Medical Center''. Any references to such facility in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the George E. Wahlen Department
of Veterans Affairs Medical Center.
SEC. 245. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT
CLINIC, NEW LONDON, CONNECTICUT.
The Department of Veterans Affairs outpatient clinic located in New
London, Connecticut, shall after the date of the enactment of this Act
be known and designated as the ``John J. McGuirk Department of Veterans
Affairs Outpatient Clinic''. Any reference to such outpatient clinic in
any law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the John J. McGuirk
Department of Veterans Affairs Outpatient Clinic.
SEC. 246. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT
CLINIC, HORSHAM, PENNSYLVANIA.
The Department of Veterans Affairs outpatient clinic located in
Horsham, Pennsylvania, shall after the date of the enactment of this Act
be known and designated as the ``Victor J. Saracini Department of
Veterans Affairs Outpatient Clinic''. Any reference to such outpatient
clinic in any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to the Victor J.
Saracini Department of Veterans Affairs Outpatient Clinic.
TITLE III--PERSONNEL MATTERS
SEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENT AND PROMOTION
OF PERSONNEL IN THE VETERANS HEALTH
ADMINISTRATION.
(a) Positions Treatable as Hybrid Status Positions.--(1) Section
7401 is amended--
[[Page 117 STAT. 2055]]
(A) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Scientific and professional personnel, such as
microbiologists, chemists, and biostatisticians.''; and
(B) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Audiologists, speech pathologists, and audiologist-
speech pathologists, biomedical engineers, certified or
registered respiratory therapists, dietitians, licensed physical
therapists, licensed practical or vocational nurses, medical
instrument technicians, medical records administrators or
specialists, medical records technicians, medical and dental
technologists, nuclear medicine technologists, occupational
therapists, occupational therapy assistants, kinesiotherapists,
orthotist-prosthetists, pharmacists, pharmacy technicians,
physical therapy assistants, prosthetic representatives,
psychologists, diagnostic radiologic technicians, therapeutic
radiologic technicians, and social workers.''.
(2) <<NOTE: 38 USC 7401 note.>> Personnel appointed to the Veterans
Health Administration before the date of the enactment of this Act who
are in an occupational category of employees specified in paragraph (3)
of section 7401 of title 38, United States Code, by reason of the
amendment made by paragraph (1)(B) of this subsection shall, as of such
date, be deemed to have been appointed to the Administration under such
paragraph (3).
(b) Appointments and Promotions.--Section 7403 of such title is
amended--
(1) in subsection (f)(3)--
(A) by inserting ``reductions-in-force, the
applicability of the principles of preference referred
to in paragraph (2), rights of part-time employees,''
after ``adverse actions,'';
(B) by inserting ``, whether appointed under this
section or section 7405(a)(1)(B) of this title'' after
``such positions''; and
(C) by inserting a comma after ``status)''; and
(2) by adding at the end the following new subsection:
``(h)(1) If the Secretary uses the authority provided in subsection
(c) for the promotion and advancement of an occupational category of
employees described in section 7401(3) of this title, as authorized by
subsection (f)(1)(B), the Secretary shall do so through one or more
systems prescribed by the Secretary. Each such system shall be planned,
developed, and implemented in collaboration with, and with the
participation of, exclusive employee representatives of such
occupational category of employees.
``(2)(A) Before prescribing a system of promotion and advancement of
an occupational category of employees under paragraph (1), the Secretary
shall provide to exclusive employee representatives of such occupational
category of employees a written description of the proposed system.
``(B) <<NOTE: Deadline.>> Not later than 30 days after receipt of
the description of a proposed system under subparagraph (A), exclusive
employee representatives may submit to the Secretary the
recommendations, if any, of such exclusive employee representatives with
respect to the proposed system.
``(C) The Secretary shall give full and fair consideration to any
recommendations received under subparagraph (B) in deciding whether and
how to proceed with a proposed system.
[[Page 117 STAT. 2056]]
``(3) The Secretary shall implement immediately any part of a system
of promotion and advancement under paragraph (1) that is proposed under
paragraph (2) for which the Secretary receives no recommendations from
exclusive employee representatives under paragraph (2).
``(4) If the Secretary receives recommendations under paragraph (2)
from exclusive employee representatives on any part of a proposed system
of promotion and advancement under that paragraph, the Secretary shall
determine whether or not to accept the recommendations, either in whole
or in part. If the Secretary determines not to accept all or part of the
recommendations, the Secretary shall--
``(A) <<NOTE: Notification.>> notify the congressional
veterans' affairs committees of the recommendations and of the
portion of the recommendations that the Secretary has determined
not to accept;
``(B) meet and confer with such exclusive employee
representatives, for a period not less than 30 days, for
purposes of attempting to reach an agreement on whether and how
to proceed with the portion of the recommendations that the
Secretary has determined not to accept;
``(C) at the election of the Secretary, or of a majority of
such exclusive employee representatives who are participating in
negotiations on such matter, employ the services of the Federal
Mediation and Conciliation Service during the period referred to
in subparagraph (B) for purposes of reaching such agreement; and
``(D) if the Secretary determines that activities under
subparagraph (B), (C), or both are unsuccessful at reaching such
agreement and determines (in the sole and unreviewable
discretion of the Secretary) that further meeting and conferral
under subparagraph (B), mediation under subparagraph (C), or
both are unlikely to reach such agreement--
``(i) <<NOTE: Notification.>> notify the
congressional veterans' affairs committees of such
determinations, identify for such committees the
portions of the recommendations that the Secretary has
determined not to accept, and provide such committees an
explanation and justification for determining to
implement the part of the system subject to such
portions of the recommendations without regard to such
portions of the recommendations; and
``(ii) commencing not earlier than 30 days after
notice under clause (i), implement the part of the
system subject to the recommendations that the Secretary
has determined not to accept without regard to those
recommendations.
``(5) If the Secretary and exclusive employee representatives reach
an agreement under paragraph (4) providing for the resolution of a
disagreement on one or more portions of the recommendations that the
Secretary had determined not to accept under that paragraph, the
Secretary shall immediately implement such resolution.
``(6) In implementing a system of promotion and advancement under
this subsection, the Secretary shall--
``(A) <<NOTE: Procedures.>> develop and implement mechanisms
to permit exclusive employee representatives to participate in
the periodic review and evaluation of the system, including peer
review, and in any further planning or development required with
respect to the system as a result of such review and evaluation;
and
[[Page 117 STAT. 2057]]
``(B) provide exclusive employee representatives appropriate
access to information to ensure that the participation of such
exclusive employee representative in activities under
subparagraph (A) is productive.
``(7)(A) The Secretary may from time to time modify a system of
promotion and advancement under this subsection.
``(B) In modifying a system, the Secretary shall take into account
any recommendations made by the exclusive employee representatives
concerned.
``(C) In modifying a system, the Secretary shall comply with
paragraphs (2) through (5) and shall treat any proposal for the
modification of a system as a proposal for a system for purposes of such
paragraphs.
``(D) <<NOTE: Reports.>> The Secretary shall promptly submit to the
congressional veterans' affairs committees a report on any modification
of a system. Each report shall include--
``(i) an explanation and justification of the modification;
and
``(ii) a description of any recommendations of exclusive
employee representatives with respect to the modification and a
statement whether or not the modification was revised in light
of such recommendations.
``(8) In the case of employees who are not within a unit with
respect to which a labor organization is accorded exclusive recognition,
the Secretary may develop procedures for input from representatives
under this subsection from any appropriate organization that represents
a substantial percentage of such employees or, if none, in such other
manner as the Secretary considers appropriate, consistent with the
purposes of this subsection.
``(9) In this subsection, the term `congressional veterans' affairs
committees' means the Committees on Veterans' Affairs of the Senate and
the House of Representatives.''.
(c) Temporary, Part-Time, and Without Compensation Appointments.--
Section 7405 of such title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraphs (B)
and (C) and inserting the following new subparagraphs:
``(B) Positions listed in section 7401(3) of this
title.
``(C) Librarians.''; and
(B) in paragraph (2), by striking subparagraph (B)
and inserting the following new subparagraph (B):
``(B) Positions listed in section 7401(3) of this
title.''; and
(2) in subsection (c)(1), by striking ``section 7401(1)''
and inserting ``paragraphs (1) and (3) of section 7401''.
(d) Authority for Additional Pay for Certain Health Care
Professionals.--Section 7454(b)(1) of such title is amended by striking
``certified or registered'' and all that follows through ``occupational
therapists,'' and inserting ``individuals in positions listed in section
7401(3) of this title,''.
SEC. 302. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH
ADMINISTRATION.
(a) Appointments.--Section 7401 is amended--
(1) in the matter preceding paragraph (1), by striking
``medical'' and inserting ``health''; and
[[Page 117 STAT. 2058]]
(2) in paragraph (1), by inserting ``chiropractors,'' after
``podiatrists,''.
(b) Qualifications of Appointees.--Section 7402(b) is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Chiropractor.--To be eligible to be appointed to a
chiropractor position, a person must--
``(A) hold the degree of doctor of chiropractic, or its
equivalent, from a college of chiropractic approved by the
Secretary; and
``(B) be licensed to practice chiropractic in a State.''.
(c) Period of Appointments and Promotions.--Section 7403(a)(2) is
amended by adding at the end the following new subparagraph:
``(H) Chiropractors.''.
(d) Grades and Pay Scales.--Section 7404(b)(1) is amended by
striking the third center heading in the table and inserting the
following:
``CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE''.
(e) Malpractice and Negligence Protection.--Section 7316(a) is
amended--
(1) in paragraph (1), by striking ``medical'' each place it
appears and inserting ``health''; and
(2) in paragraph (2)--
(A) by striking ``medical'' the first place it
appears and inserting ``health''; and
(B) by inserting ``chiropractor,'' after
``podiatrist,''.
(f) Treatment as Scarce Medical Specialists for Contracting
Purposes.--Section 7409(a) is amended by inserting ``chiropractors,'' in
the second sentence after ``optometrists,''.
(g) Collective Bargaining Exemption.--Section 7421(b) is amended by
adding at the end the following new paragraph:
``(8) Chiropractors.''.
(h) Effective Date.--The <<NOTE: 38 USC 7316 note.>> amendments made
by this section shall take effect at the end of the 180-day period
beginning on the date of the enactment of this Act.
SEC. 303. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL
HEALTH CARE WORKERS IN THE VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Section 7454(b) is amended by adding at the end the
following new paragraph:
``(3) Employees appointed under section 7408 of this title shall be
entitled to additional pay on the same basis as provided for nurses in
section 7453(c) of this title.''.
(b) Applicability.--The <<NOTE: Effective date. 38 USC 7454
note.>> amendment made by subsection (a) shall take effect with respect
to the first pay period beginning on or after January 1, 2004.
SEC. 304. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER
ADDITIONAL EMPLOYMENT LAWS.
(a) Coverage.--Paragraph (5) of section 7802 is amended by inserting
before the semicolon a period and the following: ``An employee appointed
under this section may be considered for
[[Page 117 STAT. 2059]]
appointment to a Department position in the competitive service in the
same manner that a Department employee in the competitive service is
considered for transfer to such position. An employee of the Service who
is appointed to a Department position in the competitive service under
the authority of the preceding sentence may count toward the time-in-
service requirement for a career appointment in such position any
previous period of employment in the Service''.
(b) Technical Amendments.--Such section is further amended--
(1) by striking the semicolon at the end of each of
paragraphs (1) through (10) and inserting a period;
(2) by striking ``The Secretary'' and all that follows
through ``(1) establish,'' and inserting ``(a) Locations for
Canteens.--The Secretary shall establish,'';
(3) by redesignating paragraphs (2) through (11) as
subsections (b) through (k), respectively, and by realigning
those subsections (as so redesignated) so as to be flush to the
left margin;
(4) in subsection (b) (as so redesignated), by inserting
``Warehouses and Storage Depots.--The Secretary shall'' before
``establish'';
(5) in subsection (c) (as so redesignated), by inserting
``Space, Buildings, and Structures.--The Secretary shall''
before ``furnish'';
(6) in subsection (d) (as so redesignated), by inserting
``Equipment, Services, and Utilities.--The Secretary shall''
before ``transfer'';
(7) in subsection (e) (as so redesignated and as amended by
subsection (a)), by inserting ``Personnel.--The Secretary
shall'' before ``employ'';
(8) in subsection (f) (as so redesignated), by inserting
``Contracts and Agreements.--The Secretary shall'' before ``make
all'';
(9) in subsection (g) (as so redesignated), by inserting
``Prices.--The Secretary shall'' before ``fix the'';
(10) in subsection (h) (as so redesignated), by inserting
``Gifts and Donations.--The Secretary may'' before ``accept'';
(11) in subsection (i) (as so redesignated), by inserting
``Rules and Regulations.--The Secretary shall'' before ``make
such'';
(12) in subsection (j) (as so redesignated), by inserting
``Delegation.--The Secretary may'' before ``delegate such''; and
(13) in subsection (k) (as so redesignated), by inserting
``Authority To Cash Checks, Etc.--The Secretary may'' before
``authorize''.
TITLE IV--OTHER MATTERS
SEC. 401. OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH
ADMINISTRATION.
(a) Statutory Charter.--(1) Chapter 73 is amended by inserting after
section 7306 the following new section:
[[Page 117 STAT. 2060]]
``Sec. 7307. Office of Research Oversight
``(a) Requirement for Office.--(1) There <<NOTE: Establishment.>> is
in the Veterans Health Administration an Office of Research Oversight
(hereinafter in this section referred to as the `Office'). The Office
shall advise the Under Secretary for Health on matters of compliance and
assurance in human subjects protections, research safety, and research
impropriety and misconduct. The Office shall function independently of
entities within the Veterans Health Administration with responsibility
for the conduct of medical research programs.
``(2) The Office shall--
``(A) monitor, review, and investigate matters of medical
research compliance and assurance in the Department with respect
to human subjects protections; and
``(B) monitor, review, and investigate matters relating to
the protection and safety of human subjects and Department
employees participating in medical research in Department
programs.
``(b) Director.--(1) The head of the Office shall be a Director, who
shall report directly to the Under Secretary for Health (without
delegation).
``(2) Any person appointed as Director shall be--
``(A) an established expert in the field of medical
research, administration of medical research programs, or
similar fields; and
``(B) qualified to carry out the duties of the Office based
on demonstrated experience and expertise.
``(c) Functions.--(1) The Director shall report to the Under
Secretary for Health on matters relating to protections of human
subjects in medical research projects of the Department under any
applicable Federal law and regulation, the safety of employees involved
in Department medical research programs, and suspected misconduct and
impropriety in such programs. In carrying out the preceding sentence,
the Director shall consult with employees of the Veterans Health
Administration who are responsible for the management and conduct of
Department medical research programs.
``(2) The matters to be reported by the Director to the Under
Secretary under paragraph (1) shall include allegations of research
impropriety and misconduct by employees engaged in medical research
programs of the Department.
``(3)(A) When the Director determines that such a recommendation is
warranted, the Director may recommend to the Under Secretary that a
Department research activity be terminated, suspended, or restricted, in
whole or in part.
``(B) In a case in which the Director reasonably believes that
activities of a medical research project of the Department place human
subjects' lives or health at imminent risk, the Director shall direct
that activities under that project be immediately suspended or, as
appropriate and specified by the Director, be limited.
``(d) General Functions.--(1) The Director shall conduct periodic
inspections and reviews, as the Director determines appropriate, of
medical research programs of the Department. Such inspections and
reviews shall include review of required documented assurances.
``(2) The Director shall observe external accreditation activities
conducted for accreditation of medical research programs conducted in
facilities of the Department.
[[Page 117 STAT. 2061]]
``(3) The Director shall investigate allegations of research
impropriety and misconduct in medical research projects of the
Department.
``(4) <<NOTE: Reports.>> The Director shall submit to the Under
Secretary for Health, the Secretary, and the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on any
suspected lapse, from whatever cause or causes, in protecting safety of
human subjects and others, including employees, in medical research
programs of the Department.
``(5) The Director shall carry out such other duties as the Under
Secretary for Health may require.
``(e) Source of Funds.--Amounts for the activities of the Office,
including its regional offices, shall be derived from amounts
appropriated for the Veterans Health Administration for Medical Care.
``(f) Annual Report.--Not <<NOTE: Deadline.>> later than March 15
each year, the Director shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
activities of the Office during the preceding calendar year. Each such
report shall include, with respect to that year, the following:
``(1) A summary of reviews of individual medical research
programs of the Department completed by the Office.
``(2) Directives and other communications issued by the
Office to field activities of the Department.
``(3) Results of any investigations undertaken by the Office
during the reporting period consonant with the purposes of this
section.
``(4) Other information that would be of interest to those
committees in oversight of the Department medical research
program.
``(g) Medical Research.--For purposes of this section, the term
`medical research' means medical research described in section
7303(a)(2) of this title.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7306 the
following new item:
``7307. Office of Research Oversight.''.
(b) Conforming Amendment.--Section 7303 is amended by striking
subsection (e).
SEC. 402. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT
RESEARCH CORPORATIONS.
(a) Coverage of Personnel Under Tort Claims Laws.--(1) Subchapter IV
of chapter 73 is amended by inserting after section 7364 the following
new section:
``Sec. 7364A. Coverage of employees under certain Federal tort
claims laws
``(a) An employee of a corporation established under this subchapter
who is described by subsection (b) shall be considered an employee of
the Government, or a medical care employee of the Veterans Health
Administration, for purposes of the following provisions of law:
``(1) Section 1346(b) of title 28.
``(2) Chapter 171 of title 28.
``(3) Section 7316 of this title.
``(b) An employee described in this subsection is an employee who--
[[Page 117 STAT. 2062]]
``(1) has an appointment with the Department, whether with
or without compensation;
``(2) is directly or indirectly involved or engaged in
research or education and training that is approved in
accordance with procedures established by the Under Secretary
for Health for research or education and training; and
``(3) performs such duties under the supervision of
Department personnel.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7364 the
following new item:
``7364A. Coverage of employees under certain Federal tort claims
laws.''.
(b) Clarification of Executive Director's Ethics Certification
Duties.--Section 7366(c) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``any year--'' and all that follows through
``shall be subject'' and inserting ``any year shall be
subject'';
(3) by striking ``functions; and'' and inserting
``functions.''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Each corporation established under this subchapter shall each
year submit to the Secretary a statement signed by the executive
director of the corporation verifying that each director and employee
has certified awareness of the laws and regulations referred to in
paragraph (1) and of the consequences of violations of those laws and
regulations in the same manner as Federal employees are required to so
certify.''.
(c) Five-Year Extension of Authority To Establish Research
Corporations.--Section 7368 is amended by striking ``December 31, 2003''
and inserting ``December 31, 2008''.
SEC. 403. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY
FUND PURCHASES.
(a) Enhancement of Department of Defense Participation.--Section
8121 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(2) by designating the last sentence of subsection (a) as
subsection (c); and
(3) by inserting after paragraph (3) of subsection (a) the
following new subsection (b):
``(b) The Secretary may authorize the Secretary of Defense to make
purchases through the fund in the same manner as activities of the
Department. When services, equipment, or supplies are furnished to the
Secretary of Defense through the fund, the reimbursement required by
paragraph (2) of subsection (a) shall be made from appropriations made
to the Department of Defense, and when services or supplies are to be
furnished to the Department of Defense, the fund may be credited, as
provided in paragraph (3) of subsection (a), with advances from
appropriations available to the Department of Defense.''.
(b) Effective Date.--The <<NOTE: Applicability. 38 USC 8121
note.>> amendments made by subsection (a) shall apply only with respect
to funds appropriated for a fiscal year after fiscal year 2003.
[[Page 117 STAT. 2063]]
SEC. 404. FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR HOMELESS
VETERANS.
Section 2041(c) is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2008''.
SEC. 405. REPORT DATE CHANGES.
(a) Senior Managers' Quarterly Report.--Section 516(e)(1)(A) is
amended by striking ``30 days'' and inserting ``45 days''.
(b) Annual Report on Assistance to Homeless Veterans.--Section
2065(a) is amended by striking ``April 15 of each year'' and inserting
``June 15 of each year''.
(c) Annual Report of Committee on Care of Severely Chronically
Mentally Ill Veterans.--Section 7321(d)(2) is amended by striking
``February 1, 1998, and February 1 of each of the six following years''
and inserting ``June 1 of each year through 2008''.
(d) Annual Report on Sharing of Health Care Resources.--Section
8153(g) is amended--
(1) by striking ``not more than 60 days after the end of
each fiscal year'' and inserting ``not later than February 1 of
each year''; and
(2) by inserting ``during the preceding fiscal year'' after
``under this section''.
(e) Annual Report of Special Committee on PTSD.--Section 110(e)(2)
of the Veterans' Health Care Act of 1984 (38 U.S.C. 1712A note) is
amended by striking ``February 1 of each of the three following years''
and inserting ``May 1 of each year through 2008''.
Approved December 6, 2003.
LEGISLATIVE HISTORY--S. 1156:
---------------------------------------------------------------------------
SENATE REPORTS: No. 108-193 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Nov. 19, considered and passed Senate.
Nov. 21, considered and passed House.
<all>